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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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Bombay High Court Dismisses Writ Petition Challenging Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Dishonour of Cheque Due to Insufficient Funds. Court Held That Presumption Under Section 139 of NI Act Stands Unless Rebutted by Accused on Preponderance of Probabilities.

The case involves a criminal appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued by t...

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Karnataka High Court Dismisses Complainant's Appeal Against Acquittal in Dishonour of Cheque Case. Court Holds Accused Successfully Rebutted Presumption Under Section 139 of Negotiable Instruments Act by Adducing Defence Evidence of Security Cheque for Third-Party Loan.

The matter arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the appellant-complainant against the respondent-...

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High Court of Karnataka Recalls Earlier Conviction Order and Re-Hears Appeal on Maintainability of Section 378(4) Cr.P.C. in Cheque Dishonour Case. Court Addresses Whether Second Appeal Lies Against Acquittal by First Appellate Court Under Negotiable Instruments Act.

This criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973 arose from a cheque dishonour complaint under Section 138 of the Neg...

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Supreme Court Allows Appeals in Special Court Act Case — Garnishee Orders Set Aside for Lack of Proof of Liability. Loans taken from benami companies before notification under Special Court Act cannot be recovered from borrowers without evidence of outstanding debt.

The appeals arose from orders of the Special Court, Bombay, under the Special Court (Trial of Offences relating to transactions in Securities) Act, 19...

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Supreme Court Sets Aside Conviction in Cheque Bounce Case Due to Violation of Natural Justice - High Court Reversed Acquittal Without Hearing Accused

The appellant-accused and respondent-complainant were friends. The appellant borrowed Rs.30,000 from the respondent on 12.08.2001 and issued a post-da...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...